STANSTED COORDINATION COMMITTEE CONSTITUTION. Coordination Committee Constitution January

Transcription

1 STANSTED COORDINATION COMMITTEE CONSTITUTION STANSTED COORDINATION COMMITTEE Coordination Committee Constitution January

2 CONSTITUTION OF THE STANSTED AIRPORT COORDINATION COMMITTEE 1. DEFINITIONS AND INTERPRETATION 1.1 In this constitution the following expressions shall have the following meanings:- Air Carrier Airport Operator Air Traffic Control Annual General Meeting Authorised Representative Chairman Co-ordinator Committee Extraordinary General Meeting STAL IATA means an air transport undertaking with a valid Operating Licence; means Stansted Airport Limited or such other person as shall from time to time be the airport operators of STN within the meaning of Section 82 of the Civil Aviation Act 1982; means the National Air Traffic Services or such other person as shall from time to time be the provider of air traffic control services at STN; means the annual general meeting of the Committee; means any employee of a Member (or consultant) retained by a member with significant experience of scheduling for the purpose of providing scheduling expertise (a Retained Representative) attending a meeting on behalf of that Member; means the Chairman of the Committee; means the person responsible for slot allocation and schedule coordination at STN from time to time with the meaning of Article 4.1 of the Regulation; means the Stansted Airport Coordination Committee; means an extraordinary general meeting of the Committee; means Stansted Airport Limited; means the International Air Transport Association; IATA WorldwideScheduling Guidelines STN Meeting means the Scheduling Guidelines published by IATA from time to time; means Stansted Airport - London; means either and Annual General meeting of an Extraordinary General Meeting; Coordination Committee Constitution January

3 Member means a member recorded in Membership Register of the Stansted Airport Coordination Committee; Membership Register means the register maintained in accordance with Clause 4.3; New Entrant Operating License Regulation Secretary Slot Statutory Instrument Undertaking shall have the same meaning as in the Regulation; means an authorisation, issued by a legally competent authority responsible, to an undertaking permitting it to carry out carriage by air of passengers mail and/or cargo, as stated in the operating licence, for remuneration and/or hire; means Council Regulation (EEC) No 95/93 as amended by Council Regulation 793/2004; means the Secretary of the Committee; shall have the same meaning as in the Regulation; means the Airports Slot Allocation Regulations 1993 SI 1993 No 1067; means any natural person, any legal person whether profit making or not, or any official body whether having its own legal personality or not; Coordination Committee Constitution January

4 1.2 Reference to legislation or statutory provisions shall where the context so admits or requires be construed as reference to that legislation or those provisions as respectively amended consolidated extended or re-enacted from time to time and shall where the context so admits or requires be construed as including references to the corresponding provisions of any earlier legislation (whether repealed or not) directly or indirectly amended consolidated extended or replaced thereby or re-enacted and shall include any orders regulations instruments or other subordinate legislation made under the relevant statute. 1.3 For the interpretation of this constitution, the Interpretation Act 1978 shall apply as it applies to the interpretation of an Act of Parliament. 2 NAME AND OBJECT 2.1 The name of the Committee is the Stansted Airport Coordination Committee. 2.2 The object of the Committee is to be the Coordination Committee at Stansted Airport for the purpose of the Regulation and the Statutory Instrument. 3 PURPOSE AND PRINCIPLES 3.1 The tasks of the Committee shall be to make proposals concerning or advise the Coordinator and/or Member State on: Possibilities for increasing the capacity of STN in accordance with Article 3 of the Regulation or for improving its usage; The coordination parameters to be determined in accordance with Article 6 of the Regulation; The methods of monitoring the use of allocated Slots; Local guidelines for allocation of Slots or the monitoring of the use of allocated slots, taking into account, inter alia, possible environmental concerns; Improvements to traffic conditions prevailing at the airport in question; Serious problems encountered by New Entrants, as provided for in Article 10(9) of the Regulation; All questions relating to the capacity of STN; The Committee shall also mediate between the parties concerned on complaints on the allocation of slots, as provided for in Article 11 of the Regulation. 3.2 In performing its functions set out in Clause 3.1 the Committee shall have regard to the provisions of the IATA Worldwide Scheduling Guidelines and Coordination Committee Constitution January

5 4 MEMBERSHIP Community-wide guidelines applicable to STN and to any local guidelines adopted by the Committee. 4.1 The following shall be entitled to be Members of the Committee; the Airport Operator Air Traffic Control Air Carriers using the Airport regularly or who have expressed interest in the allocation of slots and the co-ordination of schedules at the Airport and the representative organisations of Air Carriers using the Airport regularly. 4.2 The Airport Operator, Air Traffic Control, the Air Carriers listed in Schedule 1 and the following representative organisations are Members at the date of the adoption of the Constitution:- General Aviation Manufacturers and Traders Association IATA Scheduling Procedures Committee IACA Traffic Committee 4.3 There shall be a Register of Members and the Secretary shall enter the names of all the above and of any new Members of the Register; 4.4 An Air Carrier which is not on the register of Members and which wishes to be a Member shall apply for membership in writing to the Secretary who shall enter its name on the register of Members if that Carrier uses STN regularly or if it has expressed an interest in the allocation of slots and the coordination of schedules at the Airport; 4.5 A representative organisation of Air Carriers which is not on the register of Members and which wishes to be a Member shall apply for membership in writing to the Secretary who shall enter its name on the register of Members is that representative organisation representative Air Carriers using STN regularly; 4.6 A Member shall cease to be a Member if:- * it resigns or * it goes into liquidation or * it ceases to use the Airport regularly and has not been to a Meeting for at least twelve months; 4.7 The Secretary shall make a note in the register of the names of Members who have ceased to be Members together with the date of such cessation; 4.8 The Members shall decide all disputed issues about membership by a majority vote at a Meeting. Coordination Committee Constitution January

6 5 MEMBERS REPRESENTATIVES 5.1 Each Member shall delegate an individual to be its Authorised Representative ( the Authorised Representative ) at Meetings; 5.2 No Member shall be represented by more than one Authorised Representative. 5.3 The Authorised Representative may vary from meeting to meeting but shall be a Member s employee or Retained Representative in the case of STAL and Air Traffic Control. A Member s employee or Retained Representative in the case on an Air Carrier and in the case of a representative organisation shall be an employee or Retained Representative or a member of that organisation; 5.4 In the case of an Air Carrier the Authorised Representative shall where practicable have responsibility for and experience of scheduling and shall preferably be a Member s delegate to the then most recent IATA Scheduling Conference; 5.5 The Authorised Representative of an Air Carrier may bring to a Meeting as observers not more than two other employees or Retained Representatives of that Air Carrier and the Authorised Representative of a representative organisation may bring to a Meeting as observers not more than two representatives of that organisation; 5.6 The Authorised Representative of STAL and Air Traffic Control may each bring to a Meeting as observers not more than three employees of their respective organisations; 5.7 The Committee may invite other persons to its meeting as observers at its discretion; 5.8 Each person at a Meeting shall if requested by the Chairman or the Secretary state the organisation they represent and in what capacity. 6 GENERAL MEETINGS OF THE COMMITTEE 6.1 An Annual General Meeting shall be held at least once in each calendar year; 6.2 Extraordinary General Meetings may be held as and when business dictates; 6.3 Meetings shall generally be held at or near STN in premises provided by STAL; 6.4 The Secretary shall give a least fourteen clear days written notice of Meetings to each Member and to the Coordinator. 6.5 Each Annual General Meeting shall elect a Chairman and transact such other business as may from time to time be necessary; Coordination Committee Constitution January

7 6.6 The Chairman or five Members may in writing request a Meeting; 6.7 Within five working days of receiving a written request signed by the Chairman or by the Authorised Representatives of a least five Members giving reasons for the request, the Secretary shall call a Meeting; 6.8 If a Meeting is convened the Secretary shall give notice of the Meeting to the Department for Transport; 6.9 The quorum for a Meeting shall be the Authorised Representatives of the Airport Operator and at least five other Members; 6.10 The Committee may receive advice from whomever it wished on any matters under consideration and shall establish such ad hoc rules of procedures as the Members present and voting at a meeting determine provided that such rules are consistent with the constitution. 7 COMPLAINTS AND PROBLEMS FOR NEW ENTRANTS 7.1 The Committee may from time to time send to its Members, the Coordinator and other interested parties written procedural requirements approved by a majority of votes at a Meeting and consistent with this Constitution setting out the steps to be followed:- (a) where complaints ( Slot Complaints ) are made about the allocation of slots as provided in Article 11 of the Regulation and (b) where the Committee is required to advise on serious problems for new entrants as provided in Article 10(9) of the Regulation. 7.2 Where the Committee is notified of a Slot Complaint it shall not meet to consider the Slot Complaint unless: (a) the complaint has first made a written submission to the Coordinator setting out the reasons for the Slot Complaint and (b) the Coordinator has responded in writing to that submission or has had a reasonable time to do so, and (c) the complainant has not accepted the Coordinator s response where one has been made 7.3 At a Meeting to consider a Slot Complaint the complainant shall be entitled to attend the Meeting even if it is not a Member and (in addition to the Authorised Representatives of Members) the complainant and the Coordinator shall be entitled to address the Meeting; 7.4 Slot Complaints and problems for New Entrants will be considered in accordance with the procedures of Schedule 3. Coordination Committee Constitution January

8 7.5 The Committee shall not put any matter to a vote where it is required to give advise on a Slot Complaint or problems for New Entrants but shall ensure any advice given to the Coordinator sets out a fair summary of the feeling of the Meeting and of the views of any Members who dissent from the majority viewpoint. 7.6 The Secretary shall notify the complainant, the Department for Transport and the Chairman of the Scheduling Committee of the problems or complaints which remain unresolved after consideration by the Committee. 8 CHAIRMAN AND SECRETARY 8.1 The Chairman shall be elected at each Annual General Meeting; 8.2 The Chairman shall hold office until the conclusion of the next Annual General Meeting after election and shall be eligible for re-election; 8.3 The Secretary shall be an employee of STAL but shall be a different person from STAL s Authorised Representative; 8.4 Nominations for Chairman must be made in writing and must be in the hands of the Secretary the day before the Annual General Meeting. 9 VOTING 9.1 All questions arising at any meeting except for matters arising under clause 7 shall be decided by a majority of the votes of those Members present and entitled to vote at the Meeting; 9.2 In the event of a vote there shall always be 1,000 votes and:- the Air Carriers present at the Meeting shall collectively have 900 votes the Airport Operator shall have 40votes Air Traffic Control shall have 20 votes; and any other organisations present at the meeting shall have 40 votes divided equally between each such organisation present; 9.3 The number of votes which each individual Air Carrier may exercise shall be calculated in accordance with Schedule 2 and shall total 900 votes unless the Airport Operator, Air Traffic Control or any other organisation fails to be present in which case their votes will belong to the Air Carriers; 9.4 In case of an equality of votes the Chairman shall have a casting vote; 9.5 Minute books shall be kept by the Committee and a proper record shall be kept of all proceedings resolutions the persons present and the capacity in which they attended the meeting. 10. SUB-COMMITTEES Coordination Committee Constitution January

9 The Committee may appoint sub-committees. 11. STATUS The Committee is an unincorporated association. 12. ALTERATIONS TO THE CONSTITUTION 12.1 Any alteration of this Constitution must be approved by at least two thirds of the votes cast at a Meeting specially called for that purpose; where the voting procedures are those set out in Clause 9; 12.2 Written requests for a Meeting to alter the Constitution must be received by the Secretary not less than fifteen clear days before the Meeting at which the alteration is to be considered; 12.3 At least ten clear working days notice in writing of such a Meeting setting out the terms of the alteration to be proposed shall be sent by the Secretary to each Member. 13. DISSOLUTION 13.1 The Committee cannot be dissolved as long as the Regulation or any regulation replacing it that requires a Coordination Committee at STN is in force; 13.2 If, once the Regulation or any regulation replacing it which requires a Coordination Committee at STN has ceased to be in force at least two-thirds of those present and voting, in accordance with the procedure set out in Clause 9, at a meeting may resolve to dissolve the Committee, the Committee shall thereupon be dissolved and the members shall have the power to dispose of any assets held by or on behalf of the Committee. Any assets remaining after the satisfaction of any proper debts and liabilities shall be distributed to the members of the Committee who are Air Carriers in equal shares. 14. COSTS AND EXPENSES Whilst European Community legislation requires a Coordination Committee at STN all reasonable and proper administration premises and catering expenses of the Committee shall be met by STAL. 15. LANGUAGE The meetings of the Coordination Committee shall be conducted in English. Coordination Committee Constitution January

10 Coordination Committee Constitution January

11 SCHEDULE 1 LIST OF MEMBERS AS AT 01st AUGUST 2016 ASL Airlines Germanwings Air Moldova Astral Aviation Allied Air Nigeria Titan Airways BA Cityflyer Flybe Loganair Cargologicair Cobalt Cargolux China Southern Eurowings Jet2 EasyJet Freebird Ryanair Fedex Aurigny Atlas Air Martinair Thomas Cook Airlines Asiana Pegasus Qatar Airways Thomson Airways AtlasGlobal UPS Montenegro Airlines Balkan Holidays Note: Only airlines operating weekly services from Aug 2016 are included. Coordination Committee Constitution January

12 SCHEDULE 2 VOTING PROCEDURE - AIR CARRIERS 1. The following procedure shall apply where a vote is required. 2. On 31 st March each year the Airport Operator shall calculate the total number of aircraft movements operated at STN for each Air Carrier in the previous 12 months. 3. The Chairman of the Meeting shall determine the 900 votes of the Air Carriers (plus any additional votes pursuant to clause 9.3) between them in proportion with the number of aircraft movements operated under paragraph 2. Such a calculation may include fractions. 4. An Air Carrier may vote for itself in the election of Chairman. 5. Disputes about voting procedures of the number of votes a Member is entitled to cast shall be settled at the Meeting. Coordination Committee Constitution January

13 SCHEDULE 3 PROCEDURE IN MEDIATION OVER SLOT COMPLAINTS 1. When a complaint is made in accordance with Clause 7, the Committee will form a Mediation Sub-Committee. 2. The Mediation Sub-Committee shall be chaired by the Chairman of the Coordination Committee and shall consist of the Airport Operator and at least 3, but no more than 5 representatives. The Secretary of the Coordination Committee shall act as secretary of the Mediation Sub -Committee. 3. No party to the complaint may be a member of the Mediation Sub-Committee. If the Chairman is party to the complaint, then the Sub-Committee shall select an alternative chairman for the meeting. 4. The Mediation Sub-Committee shall meet within one month of receipt of a complaint that has met the requirements of Clause The Mediation Sub-Committee shall try to resolve the problem in accordance with the Regulation, the Worldwide Scheduling Guidelines issued from time to time by IATA, any Community-wide guidelines, and any local scheduling guidelines adopted by the Coordination Committee. 6. The complainant(s) and the Coordinator will have the right to attend and address the meeting. 7. The Sub-Committee shall not put any matter to a vote where it is required to give advice on a Slot Complaint or problems for New Entrants, but shall ensure any advice given to the Coordinator sets out a fair summary of the feeling of the Meeting and of the views of any Members who dissent from the majority viewpoint. 8. The Secretary shall notify the complainant, the Department for Transport and the Chairman of the Scheduling Committee of problems or complaints that remain unresolved after consideration by the Committee. Coordination Committee Constitution January

14 SCHEDULE 4 LOCAL RULE 1 STANSTED NIGHT MOVEMENT AND QUOTA ALLOCATION PROCEDURES 1. INTRODUCTION This document sets out the procedures for allocating and managing the use of Night Quota in accordance with the Night Flying Restrictions applicable at Stansted Airport. It is supplementary to the slot allocation rules set out in the EU Slot Regulation. 2. OBJECTIVES To manage night flying within the seasonal Night Quota limits To make best use of the Night Quota limits To accurately forecast and control Night Quota use To ensure the method of allocating Night Quota is transparent and fair To respect the historic rights of night flights from the previous equivalent season To provide for off-schedule operations beyond air carriers control To provide for new air carriers or additional operations where Night Quota permits 3. DEFINITIONS In these procedures the following words shall have the following meanings: ACL: STAL: Minimum Pool: Night Flying Restrictions: Night Quota Period: Airport Coordination Ltd, the Coordinator of Stansted Airport Stansted Airport, the managing body of Stansted Airport An amount of Night Quota retained as a contingency for unplanned use by air carriers without an allocation, as determined by the Coordinator Restrictions imposed by the Secretary of State for Transport under Section 78 of the Civil Aviation Act local time. Night Planning Period: Departures local time (inclusive) Arrivals local time (inclusive) Coordination Committee Constitution January

15 Night Shoulder Period: Departures local time (inclusive) Arrivals local time (inclusive) Night Slot: Night Quota: QC: Slot: Slot Regulation: A slot during the Night Planning Period The combination of the night movements and QC points available or allocated Quota Count, a points rating assigned to the arrival or departure of an aircraft type based on its noise certification Shall have the same meaning as in the Slot Regulation Council Regulation (EEC) No 95/93 as amended by Regulation (EC) No 793/2004, and its successors Slot Return Deadline: 31 January prior to a summer season and 31 August prior to a winter season 4. ALLOCATION OF NIGHT QUOTA 4.1 Night Quota limits and the Night Quota Period are determined by the UK Government from time to time. STAL is responsible for managing and monitoring the use of Night Quota, including approval of unplanned take-offs or landings during the Night Quota Period. ACL is responsible for allocating Night Quota for planned operations. 4.2 Night Slots and the associated Night Quota shall be allocated in accordance with the Slot Regulation. 4.3 The Night Quota Period ( local time) is based on runway take-off and landing times. Slots are allocated based on on/off stand times. To take account of typical taxi times, the Night Planning Period is: Departures: Arrivals: local time local time The allocation of Night Slots in the Night Planning Period is subject to the availability of Night Quota. 4.4 Flights scheduled within the Night Shoulder Period, such that normal operational variability could be expected to result in regular use of Night Quota, may require a proportionate allocation of Night Quota. Such allocations are at the discretion of the Coordinator and are reviewed seasonally based on the latest available actual data. Aircraft types with a QC classification greater than 2 may not be scheduled to operate during the Night Shoulder Period. 4.5 Air carriers are expected to make all reasonable efforts to prevent flights scheduled outside of the Night Planning Period from operating within the Night Quota Period. ENTITLEMENT TO NIGHT QUOTA Coordination Committee Constitution January

16 4.6 An air carrier that was allocated a series of Night Slots shall be entitled to retain the associated Night Quota in the next equivalent season, subject to the provisions of paragraph 5.3. NIGHT QUOTA POOL 4.7 The Coordinator shall set up a pool containing the Night Quota not claimed on the basis of paragraph 4.6. The pool shall contain all Night Quota permitted for the season, including any unused Night Quota carried over from the previous season. 4.8 Requests to operate Night Slots with a noisier aircraft type are subject to confirmation by the Coordinator and the allocation of additional Night Quota, if available. 4.9 Subject to maintaining a Minimum Pool, the remaining Night Quota shall be allocated to requests for Night Slots in accordance with the Slot Regulation. 5. USE OF NIGHT QUOTA 5.1 Air carriers are expected to make all reasonable efforts to prevent flights scheduled outside of the Night Planning Period from operating within the Night Quota Period. All Night Quota used by air carriers with an allocation shall count against their allocation. Use of Night Quota by air carriers without an allocation is subject to the prior approval of STAL and shall count against the pool. 5.2 a) An air carrier may transfer Night Quota from one route or type of service to another; b) Where air carriers exchange slots such that Night Slots are exchanged for slots outside of the Night Planning Period, the associated Night Quota allocation transfers to the air carrier holding the Night Slots after the exchange; c) Where Night Slots are transferred between air carriers in accordance with the Slot Regulation, the associated Night Quota allocation transfers to the air carrier holding the Night Slots after the transfer. All transfers and exchanges are subject to confirmation by the Coordinator in accordance with Article 8a(2) of the Slot Regulation. 5.3 If 80% usage of a series of Night Slots cannot be demonstrated and the series of slots is placed in the slot pool in accordance with Article 10(2) of the Slot Regulation, then the associated Night Quota is also placed in the quota pool. 6. EXHAUSTION OF NIGHT QUOTA 6.1 Air carriers with an allocation of Night Quota must manage their operations within this allocation. If excess use is predicted, then the air carrier must either secure a supplementary allocation of Night Quota from the pool or, if that is not possible, take whatever corrective action is necessary to prevent overuse by the end of the season, including the cancellation and/or rescheduling of flights. 6.2 If at any time the airport as a whole is predicted to exceed the amount of Night Quota available for the season, then appropriate corrective actions shall be taken by STAL and ACL, such as: The allocation of new Night Slots, including ad hoc slots, may be suspended; Coordination Committee Constitution January

17 The approval of unplanned use of Night Quota from the pool may be rationed or suspended; Air carriers holding more Night Quota than required for their planned operations may be required to return the excess Night Quota; Air carriers without an allocation of Night Quota that have used a significant amount from the pool may be prohibited from further use of Night Quota; Air carriers that have exhausted their allocation of Night Quota may be prohibited from further use of Night Quota. 6.3 The corrective actions applied will be proportionate to the circumstances and will be lifted once use of Night Quota is predicted to be within limits. 6.4 Issues regarding the allocation and use of Night Quota and the application of these procedures may be discussed at meetings of the Stansted Slot Performance Committee. 7. REVIEW OF PROCEDURES 7.1 These procedures shall be reviewed, and amended where necessary, after 12 months. Coordination Committee Constitution January

18 LOCAL RULE 3 STANSTED PROCEDURES FOR URGENT OR TIME CRITICAL OPERATIONS 1. By virtue of Article 2(g) of the Slot Regulation, the types of operation described in this paragraph may operate at a coordinated airport without a slot allocated by the Coordinator. With the exception of emergency landings, operators of such flights must apply to the Coordinator in advance and provide all necessary information to determine the flight s status. The Coordinator will allocate an available slot to these flights, where possible, to ensure that airport operations are not prejudiced. a) State Flights The Queen s Flight and flights carrying Government Ministers or visiting Heads of State or dignitaries from abroad on an official visit, as confirmed by the Foreign and Commonwealth Office. b) Emergency Landings Diversions or Quick Returns after take-off and police emergencies. Emergency landings must be notified to the Coordinator as soon as possible after the event for monitoring purposes. c) Humanitarian Flights Medical Emergencies, Donor Flights, Search and Rescue, Air Ambulance flights where the condition of the patient is urgent or acute. 2. In addition to the types of operation listed in paragraph 1, there are some types of operation that by their nature are urgent or time critical. All such flights require a slot allocated in advance by the Coordinator. To accommodate these types of operation the coordinator may overbook the normal coordination parameters having taken into account the congestion likely to occur and the overall capacity situation. These types of operation are: a) Technical Flights Radar and ILS calibration flights, Air Tests limited to daylight hours for technical reasons and where no feasible slots are available. b) Recovery Flights Departures to continue a planned commercial service with passengers aboard on the same day following a Diversion or Quick Return. Positioning flights to replace an unserviceable aircraft or other unforeseeable schedule disruption (e.g., severe weather) and resume a planned commercial passenger service, limited to the following circumstances: - Inbound positioning to recover a planned Stansted departure service - Outbound positioning to recover a Stansted-based air carrier s own service - The return of a Stansted-based recovery aircraft to resume planned operations Coordination Committee Constitution January

19 - Titan Airways Go Now flights using flight number range ZT only - Ryanair based Lear Jet flights dispatching crew and parts to recover Ryanair services. Overbooking will not be considered in circumstances such as: - Outbound positioning to recover another air carrier s service, i.e., a subcharter - Positioning to replace an aircraft undergoing planned maintenance, including instances of a maintenance overrun - Any planned positioning of an aircraft 3. Where flights are accommodated in accordance with paragraphs 1 or 2 of these procedures, the Coordinator may block a nearby vacant slot, if available, to ensure that airport operations are not prejudiced. 4. In the event of suspected abuse of these procedures, the Coordinator will contact the air carrier concerned for an explanation. If the explanation is inadequate, unacceptable, or not forthcoming then the Coordinator may suspend the operator from access to these overbooking arrangements for a set period of time. In the case of disagreement, the air carrier or Coordinator may request mediation by the Slot Performance Committee. 5. Exemption from declared runway capacity does not give entitlement to exemption from night quota capacities. Any additional flights into the night excluding those listed in paragraph 1 will require pre clearance of night movement prior to the operation. 6. These procedures shall be subject to review within 12 months from their adoption. Coordination Committee Constitution January

20 INTERPRETATION OF STANSTED LOCAL RULE 3 PART 2b This document sets out guidelines on how the Coordinator and STAL will interpret the definition of Stansted Based, as used in part 2b of Local rule 3. A Stansted based carrier is defined as a carrier with aircraft and crew contractually based at Stansted airport. As of March 2016 carriers that meet this definition are: easyjet Ryanair Thomson Airways Thomas Cook Jet2 Coordination Committee Constitution January

21 STANSTED LOCAL RULE 4 ADMINISTRATION OF THE STANSTED 35 MPPA CONDITION 1. POLICY Planning Condition MPPA1 of planning permission reference UTT/0717/06/FUL caps the passenger throughput at 35 million in any 12 months period. This condition shall be administered by limiting the number of seats that may be scheduled to operate at the airport. Planning Condition ATM1 limits the number of air transport movements at Stansted Airport to 264,000 during any 12 month calendar period. (Of which no More than 243,500 may be PATM s and 20,500 may be CATM s) 2. DEFINITIONS In this document the following words shall have the following meanings: ACL: Passengers: Seats: Historic Seats: STAL: Slot Regulation: Year: ATM in Annex 1 PATM CATM Airport Coordination Ltd, the Coordinator of Stansted Airport All revenue and non-revenue passengers on air transport movement flights Seats available for sale to passengers aboard an aircraft used to conduct an air transport movement The number seats associated with a series of slots allocated on the basis of Article 8(2) of the Slot Regulation Stansted Airport Ltd, the managing body of Stansted Airport Council Regulation (EEC) No 95/93 as amended by Regulation (EC) No 793/2004, and its successors a 365 day period between 1 April and 31 March inclusive, excluding 29 February in the case of a Leap Year An Air Transport Movement as described A Passenger Air Transport Movement A Cargo Air Transport Movement Coordination Committee Constitution January

22 3. SCHEDULING LIMITS In accordance with Article 6 of the Slot Regulation, STAL is responsible for declaring limits on the number of seats that may be scheduled to operate at the airport. STAL is responsible for declaring limits on the number of ATMs that may be scheduled at the airport ACL is responsible for allocating slots within these limits. 3.1 The seasonal Seat Limit is the total number of seats available for allocation. It is declared by STAL in advance of the initial coordination of each season and is regularly reviewed. It is set at a level to correspond to an annual throughput of 35 million passengers per annum, taking account of the following factors: The proportion of annual passengers expected to use the airport each season, taking account of the length of the season and other relevant factors The proportion of available seats expected to be occupied by passengers An overbooking factor based on the expected difference between scheduled seats at the time of the IATA Schedule Coordination Conference and actual seats operated 4. ALLOCATION PROCESS 4.1 Slots are allocated in accordance with the Slot Regulation. Slots allocated to passenger air transport movements are subject to availability within the seasonal Seat Limit and the PATM limit 4.2 An air carrier is entitled to same number of seats as its historic seats in the next equivalent scheduling period if requested by that air carrier by the deadline date for schedule submissions for that season. 4.3 A pool equivalent to 1% of the seasonal Seat Limit shall be retained for allocation to ad hoc services during the season. An air carrier that operates primarily on an ad hoc basis and operated more than 10,000 seats in the previous summer season or 7,000 seats in the previous winter season shall be eligible for a specific allocation of seats from this pool. 4.4 Slots allocated to cargo air transport movements are subject to availability within the seasonal CATM limit 5. REVIEW 5.1 This rule shall cease to have effect if the Planning Condition is lifted and, in any case, shall be subject to review within 12 months from its adoption. Coordination Committee Constitution January

23 Annex 1 ATM Conditions ATM1 Subject to ATM2 below, from the date that the terminal extension hereby permitted within Site "A" opens for public use, there shall be at Stansted Airport a limit on the number of occasions on which aircraft may take-off or land at Stansted Airport of 264,000 ATMs (Air Transport Movements) during any 12 calendar month period, of which no more than 243,500 shall be PATMs (Passenger Air Transport Movements) and no more than 20,500 shall be CATMs (Cargo Air Transport Movements). ATM2 The limit in condition ATM1 shall not apply to aircraft taking-off or landing at Stansted Airport in any of the following circumstances of cases, namely: (a) the aircraft is not carrying, for hire or reward, any passengers or cargo; (b) the aircraft is engaged on non-scheduled air transport services where the passenger seating capacity of the aircraft does not exceed ten; (c) the aircraft is required to land at the airport because of an emergency or any other circumstance beyond control of the operator and commander of the aircraft; and (d) the aircraft is engaged on the Queen's flight, or on a flight operated primarily for the purposes of the transport of government Ministers or visiting Heads of State or dignitaries from abroad. The total number of take-offs and landings by aircraft in categories (a) and (b) above combined shall not exceed 10,000 in any 12 calendar month period. ATM3 For the purposes of condition ATM2(a) an aircraft is not to be taken as carrying, for hire or reward, any passengers or cargo by reason only that it is carrying employees of the operator of the aircraft or of an associated company of the operator. And for the purpose of condition ATM2(b) an aircraft is engaged in non-scheduled air transport services if the flight on which it is engaged is not part of a series of journeys between the same two places amounting to a systematic service. ATM4 For the purposes of condition ATM3, a company shall be treated as an associated company of the operator of the aircraft if either that company or the operator of the aircraft is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of one and the same body corporate. ATM5 From the date of the granting of planning permission the developer shall report the monthly and moving annual total numbers of ATMs (Air Transport Movements), PATMs (Passenger Air Transport Movements) and CATMs (Cargo Air Transport Movements) in writing to the local planning authority no later than 28 days after the end of the calendar month to which the data relate. The table below gives a guide to the classification of Air Transport Movements for the purposes of the Condition ATM 1, and the corresponding use of IATA service types : DESCRIPTION ATM SERVICE TYPE Passenger or Combi Yes C, J, Q, S Freight or Mail Yes A, F, H, M Air Taxi more than 10 seats with Yes V passengers Government Charter not VIP or Yes E Military Transit stop Yes O Technical stop Yes X VIP / Diplomatic No I Emergencies / diversions, including the No R subsequent departure Air Ambulance No U Military No W General Aviation No D Air Taxi empty or maximum 10 seats No N or V with passengers Positioning No P Training No K Air Test No T Coordination Committee Constitution January

24 The table below gives a guide to the classification of Air Transport Movements for the purposes of the Condition ATM 2, and the corresponding use of IATA service types Emergencies / diversions, including the No R subsequent departure Air Ambulance No U Military No W General Aviation Yes D Air Taxi empty or maximum 10 seats Yes N or V with passengers Positioning yes P Training yes K Air Test yes T Coordination Committee Constitution January